LAJJA RAM Vs. CHANDU DEVI AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 30.3.2005 rendered by learned Additional District Judge, Sirmaur District at Nahan, HP in Civil Appeal No. 8 -N/13 of 2002.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the predecessor -in -interest of the appellants -plaintiffs namely Lajja Ram, (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit against the respondents -defendants (hereinafter referred to as 'defendants' for convenience sake) to the effect that the compromise decree dated 28.5.1975 passed in Civil Suit No. 83/1 of 1972 is illegal and void ab initio and it does not create any right, title or interest in favour of defendant No. 1 namely Chandu Devi and as such mutation No. 294 dated 27.2.1987 and subsequent revenue entries on the basis of same were also illegal qua suit land comprised in Khasra No. 135/1/1 (old), Khasra No. 303 (new) measuring 20.42 square metres situate in Mohal Dhabon, Nahan. According to the plaintiff, he was owner of the land. Defendant No. 1 has obtained collusive decree dated 28.5.1975. Decree could not defeat the provisions of Sec. 17 (2) of the Registration Act. Same was required to be registered. Defendants No. 2 and 3 were not competent to transfer the suit property to defendant No. 1. Mutation so attested was illegal.

(3.) Suit was contested by defendant No. 1 by filing written statement. Averments made in the plaint were denied by defendant No. 1. Decree was obtained by her after a prolonged trial which had become final. Revenue entries were not wrong. She was owner of the suit property. Plaintiff was bound by decree.